This week’s trademark updates are as follows:
Domino’s dominates Trademark Dispute against Dominick Pizza
In a recent case, the Delhi High Court restrained a Ghaziabad based pizzeria, named Dominick Pizza, from using the marks Dominick Pizza’, ‘Cheese Burst’ and ‘Pasta Italiano’ in any manner as they were identical or deceptively to the trademarks owned by Domino’s. The High Court stated that, “The reviews of the consumers on Google Reviews, also re-affirms this fact that apart from the confusion that is taking place, there is severe tarnishment and dilution of the Plaintiffs’ mark and business. Accordingly, as per the facts and circumstances of this matter, the Plaintiffs have made out a prima facie case in their favour for grant of an ex-parte ad interim injunction”.
Apple AR/VR Headset soon to be a reality
Apple Inc. recently filed trademark for the names ‘ Reality One’, ‘Reality Pro’ and ‘Reality Processor’ – which hints that the company may be finally venturing towards the much anticipated mixed-reality (AR/VR) headsets. The trademarks were filed in several major jurisdictions using a shell company, Immersive Healthcare Solutions LLC in May 2022. Given that Apple has used this method several times to secure their trademarks prior to release of new products, we can only hope that Reality hits us (and the markets) soon.
Usain Bolt moves for Trademark on his Signature Pose
Usain Bolt recently filed an application in US, seeking to trademark a logo of his silhouette performing his signature pose. He made the application on August 17 2022, which was accepted on August 20th, under the classes 9, 14, 18, 25, 28, 41, 43. Usain Bolt had previously made an application for the same logo in 2009, but the same was cancelled due to no-filing of an acceptable Section 8 Declaration for the mark.
Vistara Airlines wins infringement case for identical baggage tags
The sale of baggage tags by a Chinese online seller, bearing the Vistara Marks in the identical colour combination, on the online marketplace AliExpress, was held to be an infringement of the trademarks owned by TATA SIA Airlines Ltd. The Delhi High Court awarded the Airlines Rs. 20 Lakhs as damages. The Court further stated that, “Airports are an incredibly critical junction of not only travel but also of trade and commerce; any lapse in security, especially by permitting the sale of vagrantly-infringing goods, would be turning a blind eye to obvious wrongdoings of the defendant”.
Australia Opens Direct .au Domain Name Registrations
Australia recently opened priority registrations for the direct .au domain name registrations, for persons who are already in possession of .com.au, .net.au., .org.au domain names. Until 20 September 2022, the eligible persons holding such domain names in the .au subspace can seek priority registration of their existing domain names into the compatible direct .au domain name format. Upon expiry of this deadline, if proper application for registration is not filed with the .au Domain Name Administration Authority (auDA), any eligible person can seek registration for similar domain names in the direct .au domain name format.
India Successfully Hosts the India GI Fair 2022
The Export Promotion Council of Handicrafts (EPCF), India successfully completed the India GI Fair 2022, held from 26 August to 28 August 2022. The fair allowed for the people to witness the unique products hailing from India. International buyers such as Toys“R”Us, Hamleys, Archies, etc. were some of the visitors who showed interest in the Fair. The Fair also observed the presence of the Jammu & Kashmir Trade Promotion Organization (JKTPO).
Authored by Lavanya Anand (Associate, BananaIP Counsels) and Tanmaya Purohit (Intern).
This post is brought to you by BananaIP Counsels’ Trademarks and Copyright Attorneys
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This Weekly Trademark Updates Bulletin is brought to you by the Trademarks and Copyright Division of BananaIP Counsels, a Top IP Firm in India. Led by Sanjeeth Hegde, BananaIP Counsels’ trademark and copyright attorneys are among the leading experts in the field. If you have any questions, or need any clarifications, please write to [email protected] with the subject: Weekly Trademark Update.
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